Act No. 527
Public Acts of 2002
Approved by the Governor*
July 25, 2002
Filed with the Secretary of State
July 25, 2002
EFFECTIVE DATE: July 25, 2002
*Item Vetoes
Sec. 110. GRANTS
Fire protection grants $ 3,721,000 (Page 5)
Sec. 262.
Entire Section. (Page 9)
Sec. 335 (2).
Entire Subsection. (Page 13)
Sec. 339.
Entire Section. (Page 14)
STATE OF MICHIGAN
91ST LEGISLATURE
REGULAR SESSION OF 2002
Introduced by Reps. Shulman, Caul, Shackleton, Mortimer, Mead, Stewart, Kooiman, Stamas, Vander Roest, Newell, LaSata, Pumford, Pappageorge, Cameron Brown, Jelinek and Jansen
ENROLLED HOUSE BILL No. 5644
AN ACT to make appropriations for the department of consumer and industry services and certain other state purposes for the fiscal year ending September 30, 2003; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.
The People of the State of Michigan enact:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. The amounts listed in this part are appropriated for the department of consumer and industry services, subject to the conditions set forth in this act, for the fiscal year ending September 30, 2003, from the funds identified in this part. The following is a summary of the appropriations in this part:
DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES
APPROPRIATION SUMMARY:
Full-time equated unclassified positions 63.5
Full-time equated classified positions 3,948.9
GROSS APPROPRIATION $ 555,001,500
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 111,100
ADJUSTED GROSS APPROPRIATION $ 554,890,400
Federal revenues:
Total federal revenues 242,311,500
Special revenue funds:
Total local revenues 0
Total private revenues 770,000
Total other state restricted revenues 275,832,600
State general fund/general purpose $ 35,976,300
Sec. 102. EXECUTIVE DIRECTION
Full-time equated unclassified positions 63.5
Full-time equated classified positions 90.0
Unclassified salaries $ 5,615,700
Energy office--10.0 FTE positions 2,655,600
Executive director programs--11.0 FTE positions 1,766,900
Policy development--13.0 FTE positions 1,649,800
Utility consumer representation 550,000
Regulatory efficiency improvements/backlog reduction initiative 750,000
MES board of review program--21.0 FTE positions 1,773,900
Bureau of hearings--35.0 FTE positions 3,556,200
GROSS APPROPRIATION $ 18,318,100
Appropriated from:
Federal revenues:
DOE-OEERE, multiple grants 2,179,100
DOL-ETA, unemployment insurance 2,325,300
DOL, multiple grants for safety and health 160,300
Special revenue funds:
Private-oil overcharge 30,000
Bank fees 139,500
Boiler fee revenue 33,500
Construction code fund 442,000
Consumer finance fees 49,700
Corporation fees 1,902,000
Credit union fees 96,600
Elevator fees 37,400
Fees and collections/asbestos 11,100
Health professions regulatory fund 1,297,800
Health systems fees and collections 69,300
Insurance regulatory fees 559,300
Licensing and regulation fees 682,800
Liquor license fees 100,000
Liquor purchase revolving fund 1,526,700
Manufactured housing commission fees 144,300
Michigan state housing development authority fees and charges 428,000
Motor carrier fees 37,000
Public utility assessments 1,212,000
Safety education and training fund 241,200
Second injury fund 80,900
Securities fees 1,768,400
Self-insurers security fund 20,400
Silicosis and dust disease fund 30,000
Tax tribunal fees 1,100
Utility consumer representation fund 550,000
Worker's compensation administrative revolving fund 89,400
State general fund/general purpose $ 2,073,000
Sec. 103. FIRE SAFETY
Full-time equated classified positions 60.0
Office of fire safety--60.0 FTE positions $ 4,808,300
GROSS APPROPRIATION $ 4,808,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of community health, inspection contract 111,100
Federal revenues:
Federal funds 872,300
Special revenue funds:
Fire alarm regulation fees 91,600
Fire service fees 2,134,800
State general fund/general purpose $ 1,598,500
Sec. 104. MANAGEMENT SERVICES
Full-time equated classified positions 84.0
Administrative services--84.0 FTE positions $ 5,907,100
Building occupancy charges - property development services 9,117,300
Rent 7,061,400
Workers' compensation 1,148,000
Special project advances 740,000
GROSS APPROPRIATION $ 23,973,800
Appropriated from:
Federal revenues:
DOL-ETA, unemployment insurance 387,600
DOL, multiple grants for safety and health 640,400
Federal funds 469,700
HHS, federal funds 57,000
Special revenue funds:
Private-special project advances 740,000
Bank fees 450,000
Boiler fee revenue 198,200
Construction code fund 1,031,800
Consumer finance fees 166,300
Corporation fees 2,253,600
Credit union fees 332,100
Elevator fees 209,100
Fees and collections/asbestos 61,500
Fire service fees 62,000
Health professions regulatory fund 985,200
Health systems fees and collections 356,700
Insurance regulatory fees 786,900
Licensing and regulation fees 663,600
Licensing fees 7,700
Liquor purchase revolving fund 4,085,900
Manufactured housing commission fees 264,700
Michigan state housing development authority fees and charges 3,536,500
Motor carrier fees 174,300
Public utility assessments 1,400,200
Safety education and training fund 475,500
Second injury fund 185,900
Securities fees 1,470,600
Self-insurers security fund 50,800
Silicosis and dust disease fund 75,000
Tax tribunal fees 33,800
Worker's compensation administrative revolving fund 710,600
State general fund/general purpose $ 1,650,600
Sec. 105. OFFICE OF FINANCIAL AND INSURANCE SERVICES
Full-time equated classified positions 279.0
Administration--14.0 FTE positions $ 2,583,300
Financial evaluation--145.0 FTE positions 16,892,100
Policy conduct and consumer assistance--120.0 FTE positions 12,158,900
GROSS APPROPRIATION $ 31,634,300
Appropriated from:
Federal revenues:
Federal regulatory project revenue 50,400
Special revenue funds:
Bank fees 6,151,000
Consumer finance fees 3,102,000
Credit union fees 4,303,100
Insurance continuing education fees 700,900
Insurance licensing and regulation fees $ 3,112,000
Insurance regulatory fees 11,523,100
Multiple employer welfare arrangement 65,700
Securities fees 2,626,100
State general fund/general purpose $ 0
Sec. 106. PUBLIC SERVICE COMMISSION
Full-time equated classified positions 148.0
Administration, planning and regulation--148.0 FTE positions $ 16,691,900
Low-income/energy efficiency assistance fund 60,000,000
GROSS APPROPRIATION $ 76,691,900
Appropriated from:
Federal revenues:
DOE-OEERE, multiple grants 149,000
DOT-RSPA, gas pipeline safety 287,000
Special revenue funds:
Low-income and energy efficiency assistance fund 60,000,000
Motor carrier fees 1,856,600
Public utility assessments 14,399,300
State general fund/general purpose $ 0
Sec. 107. LIQUOR CONTROL COMMISSION
Full-time equated classified positions 179.0
Management support services--39.0 FTE positions $ 2,709,300
Liquor licensing and enforcement--140.0 FTE positions 10,985,700
Liquor law enforcement grants 6,000,000
Grant to department of agriculture for wine industry council 457,200
GROSS APPROPRIATION $ 20,152,200
Appropriated from:
Special revenue funds:
Liquor license revenue 11,086,200
Liquor purchase revolving fund 8,608,800
Nonretail liquor license revenue 457,200
State general fund/general purpose $ 0
Sec. 108. MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
Full-time equated classified positions 226.0
Payments on behalf of tenants $ 78,000,000
Housing and rental assistance program--226.0 FTE positions 23,345,900
Homeless program 5,290,800
GROSS APPROPRIATION $ 106,636,700
Appropriated from:
Federal revenues:
HUD, lower income housing assistance program 92,574,900
Special revenue funds:
Michigan state housing development authority fees and charges 14,061,800
State general fund/general purpose $ 0
Sec. 109. TAX TRIBUNAL
Full-time equated classified positions 13.0
Operations--13.0 FTE positions $ 1,353,200
GROSS APPROPRIATION $ 1,353,200
Appropriated from:
Special revenue funds:
Tax tribunal fees 641,600
State general fund/general purpose $ 711,600
Sec. 110. GRANTS
Fire protection grants $ 3,721,000
GROSS APPROPRIATION $ 3,721,000
Appropriated from:
Special revenue funds:
Liquor purchase revolving fund 3,721,000
State general fund/general purpose $ 0
Sec. 111. HEALTH REGULATORY SYSTEMS
Full-time equated classified positions 342.0
Health systems administration--179.0 FTE positions $ 17,253,300
Emergency medical services program state staff--7.0 FTE positions 904,700
Radiological health administration and projects--24.0 FTE positions 2,025,800
Substance abuse program administration--4.0 FTE positions 409,600
Emergency medical services grants and contracts 1,062,100
Health services--128.0 FTE positions 14,245,200
GROSS APPROPRIATION $ 35,900,700
Appropriated from:
Federal revenues:
Federal funds 13,001,100
Special revenue funds:
Pain management education and controlled substances, electronic monitoring and antidiversion fund 1,362,300
Health professions regulatory fund 11,189,000
Health systems fees and collections 3,870,100
Nurse professional fund 823,100
State general fund/general purpose $ 5,655,100
Sec. 112. REGULATORY SERVICES
Full-time equated classified positions 306.0
AFC, children's welfare and day care licensure--306.0 FTE positions $ 26,034,700
GROSS APPROPRIATION $ 26,034,700
Appropriated from:
Federal revenues:
HHS, federal funds 10,664,800
Special revenue funds:
Health systems fees and collections 94,200
Licensing fees 490,500
State general fund/general purpose $ 14,785,200
Sec. 113. OCCUPATIONAL REGULATION
Full-time equated classified positions 345.0
Commissions and boards $ 49,700
Code enforcement--98.0 FTE positions 7,902,000
Code enforcement flexibility 1,141,900
Boiler inspection program--24.0 FTE positions 2,201,800
Elevator inspection program--26.0 FTE positions 2,287,000
Commercial services--159.0 FTE positions 13,994,800
Local manufactured housing communities inspections 250,000
Manufactured housing and land resources program--26.0 FTE positions 2,635,000
Property development group--12.0 FTE positions 1,338,700
Remonumentation grants 6,000,000
GROSS APPROPRIATION $ 37,800,900
Appropriated from:
Special revenue funds:
Boiler fee revenue 2,350,600
Construction code fund 9,433,500
Corporation fees 4,837,100
Elevator fees 2,396,400
Homeowner construction lien recovery fund $ 1,532,800
Licensing and regulation fees 7,844,500
Limited liability partnership revenue 10,000
Manufactured housing commission fees 2,276,900
Property development fees 241,300
Remonumentation fees 6,605,300
Real estate appraiser continuing education fund 45,000
Real estate education fund 217,500
State general fund/general purpose $ 10,000
Sec. 114. EMPLOYMENT RELATIONS
Full-time equated classified positions 28.0
Fact finding and arbitration $ 144,300
Employment and labor relations--28.0 FTE positions 2,944,000
GROSS APPROPRIATION $ 3,088,300
Appropriated from:
Federal revenues:
EEOC, federal funds 10,000
Special revenue funds:
State general fund/general purpose $ 3,078,300
Sec. 115. SAFETY AND REGULATION
Full-time equated classified positions 240.0
Commissions and boards $ 21,400
Subgrantees 1,226,900
Occupational safety and health--240.0 FTE positions 21,357,500
GROSS APPROPRIATION $ 22,605,800
Appropriated from:
Federal revenues:
DOL, multiple grants for safety and health 10,377,200
Special revenue funds:
Fees and collections/asbestos 704,300
Safety education and training fund 6,690,900
State general fund/general purpose $ 4,833,400
Sec. 116. BUREAU OF WORKERS' AND UNEMPLOYMENT COMPENSATION
Full-time equated classified positions 1,608.9
Administration--118.0 FTE positions $ 8,530,100
Appellate commission administration--11.4 FTE positions 889,900
Board of magistrates administration--8.0 FTE positions 1,916,900
Employment standards enforcement--38.0 FTE positions 2,621,900
Insurance funds administration--32.0 FTE positions 5,500,800
Supplemental benefit fund 1,300,000
Grant to department of career development, hire the handicapped program 50,000
Unemployment program--1,324.2 FTE positions 78,421,300
Workers' compensation 589,000
Building occupancy charges - property development service 4,245,500
Rent 5,915,100
Advocacy assistance program--8.0 FTE positions 1,500,000
Expanded fraud control program--33.2 FTE positions 2,566,200
Special audit and collections program--34.0 FTE positions 2,245,900
Training program for agency staff--2.1 FTE positions 1,756,400
GROSS APPROPRIATION $ 118,049,000
Appropriated from:
Federal revenues:
DOL, employment and training administration 529,200
DOL-ETA, unemployment insurance 92,887,900
Federal Reed act funds 4,233,500
Special revenue funds:
Corporation fees $ 361,000
Contingent fund, penalty and interest account 9,388,400
Second injury fund 3,321,500
Securities fees 360,900
Self-insurers security fund 886,500
Silicosis and dust disease fund 1,342,800
Worker's compensation administrative revolving fund 2,115,400
State general fund/general purpose $ 2,621,900
Sec. 117. INFORMATION TECHNOLOGY
Information technology services and projects $ 26,244,200
GROSS APPROPRIATION $ 26,244,200
Appropriated from:
Federal revenues:
DOL-ETA, unemployment insurance 10,360,300
DOL, multiple grants for safety and health 38,000
Federal funds 56,500
Special revenue funds:
Bank fees 223,800
Boiler fee revenue 94,300
Construction code fund 724,600
Consumer finance fees 85,800
Contingent fund, penalty and interest account 122,800
Corporation fees 1,598,400
Credit union fees 157,900
Elevator fees 89,800
Fees and collections/asbestos 17,500
Health professions regulatory fund 484,800
Health systems fees and collections 244,500
Insurance regulatory fees 471,700
Licensing and regulation fees 979,700
Liquor purchase revolving fund 4,270,300
Manufactured housing commission fees 47,500
Michigan state housing development authority fees and charges 1,182,400
Motor carrier fees 164,700
Public utility assessments 1,092,200
Safety education and training fund 178,200
Second injury fund 215,300
Securities fees 1,337,200
Self-insurers security fund 76,800
Silicosis and dust disease fund 99,600
Worker's compensation administrative revolving fund 859,300
State general fund/general purpose $ 970,300
Sec. 118. EARLY RETIREMENT AND BUDGETARY SAVINGS
Early retirement savings $ (1,631,700)
Budgetary savings (379,900)
GROSS APPROPRIATION $ (2,011,600)
Appropriated from:
State general fund/general purpose $ (2,011,600)
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2002-2003 is $311,808,900.00 and state spending from state resources to be paid to local units of government for fiscal year 2002-2003 is $16,221,000.00. The itemized statement below identifies appropriations from which spending to units of local government will occur:
DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES
Fire protection grants $ 3,721,000
Liquor law enforcement 6,000,000
Local manufactured housing inspections 250,000
Remonumentation grants 6,000,000
Subgrantees 250,000
Total department of consumer and industry services $ 16,221,000
Sec. 202. The appropriations authorized under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 203. As used in this appropriation act:
(a) "AFC" means adult foster care.
(b) "Department" means the department of consumer and industry services.
(c) "DOE" means the United States department of energy.
(d) "DOE-OEERE" means the DOE office of energy efficiency and renewable energy.
(e) "DOL" means the United States department of labor.
(f) "DOL-ETA" means the DOL employment and training administration.
(g) "DOT" means the United States department of transportation.
(h) "DOT-RSPA" means the DOT research and special programs administration.
(i) "EEOC" means equal employment opportunity commission.
(j) "Fiscal agencies" means Michigan house fiscal agency and Michigan senate fiscal agency.
(k) "FTE" means full-time equated.
(l) "HHS" means the United States department of health and human services.
(m) "HUD" means the United States department of housing and urban development.
(n) "IDG" means interdepartmental grant.
(o) "MES" means Michigan employment security.
(p) "Subcommittees" means all members of the subcommittees of the house and senate appropriations committees with jurisdiction over the budget for the department.
Sec. 204. The department of civil service shall bill departments and agencies at the end of the first fiscal quarter for the 1% charge authorized by section 5 of article XI of the state constitution of 1963. Payments shall be made for the total amount of the billing by the end of the second fiscal quarter.
Sec. 205. (1) A hiring freeze is imposed on the state classified civil service. State departments and agencies are prohibited from hiring any new full-time state classified civil service employees and prohibited from filling any vacant state classified civil service positions. This hiring freeze does not apply to internal transfers of classified employees from 1 position to another within a department.
(2) The state budget director shall grant exceptions to this hiring freeze when the state budget director believes that the hiring freeze will result in rendering a state department or agency unable to deliver basic services, cause a loss of revenue to the state, result in the inability of the state to receive federal funds, or would necessitate additional expenditures that exceed any savings from maintaining a vacancy. The state budget director shall report quarterly to the chairpersons of the senate and house of representatives standing committees on appropriations the number of exceptions to the hiring freeze approved during the previous month and the reasons to justify the exception.
Sec. 206. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $23,500,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $12,200,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $180,800.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $50,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 207. At least 60 days before beginning any effort to privatize, the department shall submit a complete project plan to the subcommittees and the fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the fiscal agencies and to the subcommittees within 30 months.
Sec. 208. Unless otherwise specified, the department shall use the Internet to fulfill the reporting requirements of this act. This may include transmission of reports via electronic mail to the recipients identified for each reporting requirement or it may include placement of reports on the Internet or Intranet site. Quarterly, the department shall provide to the subcommittees, state budget office, and the fiscal agencies an electronic and paper copy listing of the reports submitted during the most recent 3-month period along with the Internet or Intranet site of each report, if any.
Sec. 209. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available.
Sec. 210. The director of each department receiving appropriations in part 1 shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. Each director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.
Sec. 211. The department shall establish and maintain affirmative action programs based on guidelines developed by the state equal opportunity workforce planning council which was created by Executive Order No. 1996-13 in order to receive general fund/general purpose dollars.
Sec. 212. The departments and state agencies receiving appropriations under this act shall receive and retain copies of all reports funded from appropriations in part 1. These departments and state agencies shall follow federal and state guidelines for short-term and long-term retention of these reports and records.
Sec. 259. From the funds appropriated in part 1 for information technology, the department shall pay user fees to the department of information technology for technology-related services and projects. Such user fees shall be subject to provisions of an interagency agreement between the department and the department of information technology.
Sec. 260. Amounts appropriated in part 1 for information technology may be designated as work projects and carried forward to support technology projects under the direction of the department of information technology. Funds designated in this manner are not available for expenditure until approved as work projects under section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a.
Sec. 261. (1) The negative appropriation for early retirement savings in part 1 shall be satisfied by savings realized from not filling all of the positions lost due to the early retirement plan for state employees enacted in 2002 PA 93 amendments to the state employees' retirement act, 1943 PA 240, MCL 38.1 to 38.69.
(2) The negative appropriation for budgetary savings in part 1 shall be satisfied by savings from the hiring freeze imposed under section 205, efficiencies, and other savings identified by the department director and approved by the state budget director.
(3) Appropriation authorization adjustments required due to negative appropriations for early retirement savings and budgetary savings shall be made only after the approval of transfers by the legislature pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 262. (1) Subject to subsection (2), in addition to the amounts appropriated under part 1, $3,700,000.00 is appropriated to fire protection grants from the state general fund for the fiscal year ending September 30, 2003.
(2) The appropriations in subsection (1) shall become effective only if the tax on cigarettes under the tobacco products tax act, 1993 PA 327, MCL 205.421 to 205.436, is increased by 30 cents or more per pack of cigarettes on or before September 30, 2002.
DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES
Sec. 301. The appropriation in part 1 for fire protection grants from the liquor purchase revolving fund shall be appropriated to cities, villages, and townships with state-owned facilities for fire services, instead of taxes, in accordance with 1977 PA 289, MCL 141.951 to 141.956.
Sec. 302. The funds collected by the office of financial and insurance services in connection with a conservatorship pursuant to section 32 of the mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL 445.1682, shall be appropriated for all expenses necessary to provide for the required services. Funds are available for expenditure when they are received by the department of treasury and shall not lapse to the general fund at the end of the fiscal year.
Sec. 303. The funds collected by the department from corporations being liquidated pursuant to the insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302, shall be appropriated for all expenses necessary to provide for the required services. Funds are available for expenditure when they are received by the department of treasury and shall not lapse to the general fund at the end of the fiscal year.
Sec. 304. The department may make available to interested entities otherwise unavailable customized listings of nonconfidential information in its possession, such as names and addresses of licensees, and charge for this information as follows: base fee for 1 to 1,000 records at the cost to the department; 1,001 to 10,000 records at 2.5 cents per record; and 10,001 or more records at .5 cents per record. The revenue received from this service may be used to offset expenses of programs as appropriated in part 1. The balance of this revenue collected and unexpended at the end of the fiscal year shall revert to the appropriate restricted revenue account or fund or, in absence of such an account or fund, to the general fund. The department shall submit an annual report on or before December 1 of each year to the state budget office and the subcommittees that states the amount of revenue received from the sale of information.
Sec. 305. The appropriation in part 1 may be used for per diem payments to the members of commissions or boards for a full day of committee work at which a quorum is present or for performing official business as authorized by each respective commission or board. The per diem payments shall be $50.00 per day.
Sec. 306. The Michigan state housing development authority shall annually present a report to the state budget office and the subcommittees on the status of the authority's housing production goals under all financing programs established or administered by the authority. The report shall give special attention to efforts to raise affordable multifamily housing production goals.
Sec. 307. The department shall assess and collect fees in the licensing and regulation of child care organizations as defined in 1973 PA 116, MCL 722.111 to 722.128, and adult foster care facilities as defined in the adult foster care facility licensing act, 1979 PA 218, MCL 400.701 to 400.737. Fees collected by the department shall be used exclusively for the purpose of licensing and regulating child care organizations and adult foster care facilities.
Sec. 308. The funds collected by the department for licenses, permits, and other elevator regulation fees set forth in R408.8151 of the Michigan administrative code and as determined under section 8 of 1976 PA 333, MCL 338.2158, and section 16 of 1967 PA 227, MCL 408.816, that are unexpended at the end of the fiscal year shall carry forward to the subsequent fiscal year. The department shall submit a report on an annual basis to the state budget office and the subcommittees on the amount of funds available under this section.
Sec. 309. If the revenue collected by the department for occupational safety and health, health systems administration, or radiological health administration and projects from fees and collections exceeds the amount appropriated in part 1, the revenue may be carried forward into the subsequent fiscal year. The revenue carried forward under this section shall be used as the first source of funds in the subsequent fiscal year.
Sec. 310. Money appropriated under this act for fire safety programs shall not be expended unless, in accordance with section 2c of the fire prevention code, 1941 PA 207, MCL 29.2c, inspection and plan review fees will be charged according to the following schedule:
Operation and maintenance inspection fee
Facility type Facility size Fee
Hospitals Any $8.00 per bed
Plan review and construction inspection fees for hospitals and schools
Project cost range Fee
$101,000.00 or less minimum fee of $155.00
$101,001.00 to $1,500,000.00 $1.60 per $1,000.00
$1,500,001.00 to $10,000,000.00 $1.30 per $1,000.00
$10,000,001.00 or more $1.10 per $1,000.00
or a maximum fee of $60,000.00.
Sec. 311. The department shall furnish the clerk of the house, the secretary of the senate, the state budget office, and all members of the house and senate appropriations committees with a summary of any evaluation reports and subsequent approvals or disapprovals of juvenile residential facilities operated by the family independence agency, as required by section 6 of 1973 PA 116, MCL 722.116. If no evaluations are conducted during the fiscal year, the department shall notify the fiscal agencies and all members of the appropriate subcommittees of the house and senate appropriations committees.
Sec. 312. (1) From the amount appropriated in part 1 to health systems administration, the department shall provide funding for not less than 113 inspectors to annually survey and investigate the care and services delivered in nursing homes, county medical care facilities, and hospital long-term care units in accordance with provisions in the public health code, 1978 PA 368, MCL 333.1101 to 333.25211, and federal Medicare and Medicaid certification standards.
(2) The department, in keeping with the severity of the allegations, shall investigate complaints alleging poor care and services occurring on nights or weekends in nursing homes, county medical care facilities, and hospital long-term care units by conducting on-site investigations on nights or weekends.
Sec. 313. If the revenue collected by the department from licensing and regulation fees exceeds the amount appropriated in part 1, the revenue may be carried forward into the subsequent fiscal year. The revenue carried forward under this section shall be used as the first source of funds in the subsequent fiscal year.
Sec. 314. Funds earned or authorized by the United States department of labor in excess of the gross appropriation in part 1 for the Michigan unemployment agency from the United States department of labor are appropriated and may be expended for staffing and related expenses incurred in the operation of its programs. These funds may be spent after the department notifies the state budget office and the subcommittees of the purpose and amount of each grant award.
Sec. 315. The department shall sell documents at a price not to exceed the cost of production and distribution. Money received from the sale of these documents shall revert to the department. The funds are available for expenditure when they are received by the department of treasury and may only be used for costs directly related to the continued updating and distribution of the documents pursuant to this section. This section applies only for the following documents:
(a) Corporation and securities division documents, reports, and papers required or permitted by law pursuant to section 1060(5) of the business corporation act, 1972 PA 284, MCL 450.2060.
(b) The subdivision control manual, the state boundary commission operations manual, and other local government assistance manuals.
(c) The Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303.
(d) The mobile home commission act, 1987 PA 96, MCL 125.2301 to 125.2349; the business corporation act, 1972 PA 284, MCL 450.1101 to 450.2098; the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to 450.3192; and the uniform securities act, 1964 PA 265, MCL 451.501 to 451.818.
(e) Labor law books.
(f) Worker's compensation health care services rules.
(g) Minimum design standards for health care facilities.
(h) Construction code manuals.
(i) Copies of transcripts from administrative law hearings.
Sec. 316. The department shall report to the state budget office, the fiscal agencies, and the subcommittees on
April 30, 2003 and October 31, 2003 on the initial and follow-up surveys conducted on all nursing homes in this state. The report shall include all of the following information:
(a) The number of surveys conducted.
(b) The number requiring follow-up surveys.
(c) The number referred to the Michigan public health institute for remediation.
(d) The number of citations per home.
(e) The number of night and weekend complaints filed.
(f) The number of night and weekend responses to complaints conducted by the department.
(g) The average length of time for the department to respond to a complaint filed against a nursing home.
(h) The number and percentage of citations appealed.
(i) The number and percentage of citations overturned and/or modified.
Sec. 317. The department, bureau of safety and regulation, shall provide an annual report by February 1 of each year to the state budget office, the fiscal agencies, and the subcommittees on the number of individuals killed and the number of individuals injured on the job within industries regulated by the bureau during the preceding calendar year.
Sec. 318. The department shall report by November 1, 2002 to the state budget office, the legislature, and the fiscal agencies the status of the nursing home complaint investigation backlog.
Sec. 319. As a condition for receiving the general fund/general purpose appropriations in part 1 for health systems administration, the department shall provide assistance to any person making an oral request for a nursing home investigation in putting his or her request into writing, shall initiate investigations on all written nursing home complaints filed with the department within 15 days of receipt of the complaint, and shall provide a written response to the complainant within 30 days of receipt of the written complaint.
Sec. 320. The unemployment agency, during its transition to the remote initial claims system, may operate a sufficient number of unemployment agency offices, including itinerant or satellite offices, within Michigan's Upper Peninsula to ensure that the citizens of the Upper Peninsula can access these offices without excessive travel or, in cases where unemployment claims are filed or renewed by phone, without excessive long-distance toll charges.
Sec. 321. The department shall continue to work with grantees supported through the appropriation in part 1 for emergency medical services grants and contracts to ensure that a sufficient number of qualified emergency medical services personnel exist to serve rural areas of the state.
Sec. 322. From the funds appropriated in part 1 for utility consumer representation, the department shall produce and facilitate the airing of public service announcements that inform utility customers of the availability and purpose of these funds. The utility consumer participation board shall report to the subcommittees, fiscal agencies, and state budget office by September 30, 2003 on its efforts in this area, including the amount of expenditures made for this purpose.
Sec. 323. (1) The department in consultation with nursing home provider groups, the department of community health, the state long-term care ombudsman, and the federal health care finance administration shall continue to work to clarify the following terms as those terms are used in title XVIII and title XIX and applied by the department to provide more consistent regulation of nursing homes in Michigan:
(a) Immediate jeopardy.
(b) Harm.
(c) Potential harm.
(d) Avoidable.
(e) Unavoidable.
(2) The department shall semiannually provide for joint training with nursing home surveyors and providers on at least 1 of the 10 most frequently issued federal citations in this state during the past calendar year. The department shall provide a mechanism to measure the effect of the training and shall report to the legislature and the state budget office on the effect of the training by January 15, 2003.
Sec. 324. The unemployment agency shall work collaboratively with the department of career development to ensure each 1-stop center has the ability to assist individuals or respond to inquiries regarding unemployment benefits and the remote initial claims system.
Sec. 325. (1) The department shall post on the Internet the executive summary of the latest inspection for each licensed nursing home.
(2) The department shall work toward posting inspection summaries for licensed day care centers on the Internet.
Sec. 326. From the appropriations in part 1 for occupational safety and health, the department shall provide funding for at least 76 general industry safety inspectors, construction industry safety inspectors, and industrial hygienists. The department shall submit a report to the subcommittees, fiscal agencies, and state budget office by February 15, 2003 on the staffing levels for these categories. No budgetary savings shall be taken from the funding for inspection staffing.
Sec. 327. When hiring any new nursing home inspectors funded through appropriations in part 1, the department shall make every effort to hire individuals with past experience in the long-term care industry.
Sec. 328. It is the intent of this legislature that beginning January 1, 2004, the board of psychology shall require a licensee seeking renewal of a license to furnish the board with satisfactory evidence that during the 2 years before application for renewal the licensee has attended continuing education courses or programs approved by the board totaling not less than 36 credits. The applicant shall be responsible for maintaining records of continuing education attendance. The board is authorized to request verification of continuing education records at the time of renewal of application. Verification may be conducted periodically by sample or by means other than reviewing every application.
Sec. 329. The department shall work to promote the nursing scholarship program funded from appropriations in part 1 to health services. The department shall focus its promotional efforts on recruiting undergraduate students into the nursing field in order to address the current nursing shortage. The department shall also make every effort to utilize scholarship funds in a manner which encourages undergraduate students to enter the nursing field.
Sec. 330. (1) The unemployment agency shall include in the remote initial claims center (RICCS) automated phone system a choice to speak with an employee of the unemployment agency as an option. This option should be provided in the system as early as possible as deemed appropriate in the system design. The department shall monitor the system to ensure compliance with these guidelines.
(2) The unemployment agency should continue to provide training opportunities to employees affected with the implementation of the RICCS.
Sec. 331. Nursing facilities shall report in the quarterly staff report to the department, the total patient care hours provided each month, by state licensure and certification classification, and the percentage of pool staff, by state licensure and certification classification, used each month during the preceding quarter. The department shall make available to the public, the quarterly staff report compiled for all facilities including the total patient care hours and the percentage of pool staff used, by classification.
Sec. 332. It is the intent of the legislature that the department make every effort to hold administrative law hearings on actions initiated by the department against regulated businesses or against individuals in regulated occupations in locations that are within 150 miles of the regulated business or of the office of the individual in a regulated occupation. In addition, it is the intent of the legislature that the department make every effort to hold administrative law hearings on actions initiated by an individual outside the department in locations within 150 miles of the home of the individual bringing the action if that individual wishes to testify at the hearing.
Sec. 333. The department shall work cooperatively with the department of civil service to identify state employees who will lose their jobs as a result of an agency program being reorganized, modified, or eliminated and shall develop training programs and provide training to these individuals that will provide them with the opportunity and skills necessary to secure new employment within the state government or the private sector. It shall be a priority of the department to provide training and employment opportunities to these displaced state employees through Michigan's employment service locations.
Sec. 334. From the funds appropriated in part 1 for adult foster care, children's welfare, and day care licensure, the department shall make every effort to maintain a day care facility to day care inspector ratio of no more than 210 to 1.
Sec. 335. (1) The public service commission shall report by June 1 of each year to the subcommittees, the state budget office, and the fiscal agencies on the distribution of funds appropriated in part 1 for the low-income/energy efficiency assistance program.
(2) Of the funds appropriated in part 1 for low-income/energy efficiency assistance, $3,000,000.00 shall be allocated to community action agencies across the state to support shut-off protection programs for low-income individuals. Funds shall be distributed to the community action agencies no later than November 1 of each year. The community action agencies shall abide by any reporting and monitoring requirements imposed by the public service commission on other grant recipients receiving funding through this program.
Sec. 336. The department shall provide the subcommittees, fiscal agencies, and state budget director with a report on or before December 1, 2002 outlining actual expenditures for the last completed fiscal year for each division within the office of financial and insurance services.
Sec. 337. The department shall work cooperatively with the family independence agency and with representatives from the Michigan federation of private child and family agencies to form a licensing and contract compliance review team pilot to coordinate and conduct joint reviews of 1 child placing agency and 1 child caring institution between October 1, 2002 and February 1, 2003. The Michigan federation of private child and family agencies will survey team participants and involved agencies regarding the process and provide feedback to the department. The department shall report during the annual budget presentation to the subcommittees regarding pilot outcomes.
Sec. 338. Of the funds appropriated in part 1 for health services, $125,000.00 shall be allocated to the center for nursing to conduct research that will address nurse workforce planning, the supply of and demand for nurses, and nurse recruitment and retention issues. The center for nursing shall recommend ways to address the shortage of nurses.
Sec. 339. From the amount appropriated in part 1 for administration of the bureau of worker's and unemployment compensation, the department shall provide funding for 6 worker's compensation mediators positions annually.
Sec. 340. The office of financial and insurance services shall provide copies of the quarterly and annual financial filings of health maintenance organizations to the senate and house fiscal agencies on a timely basis.
This act is ordered to take immediate effect.
Clerk of the House of Representatives.
Secretary of the Senate.
Approved
Governor.